(1 of 3) [CW-52/2023] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 52/2023 Laxman Singh Khor S/o Shri Savant Singh, Aged About 62 Years, Village Khor, Post Jalampura, District Chittorgarh (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through Registrar, Co-Operative Societies, Nehru Sahkar Bhawan, 22 Godawan, Jaipur (Raj.).
2. Co-Operative Election Authority, State Co-Operative Election Authority, 10 B Sansthgat Shetra, Raisem Bhawan, Jhalana Dungri, Jaipur (Raj.).
3. Joint Secretary, Co-Operative Department, State Of Rajasthan, Jaipur (Raj.).
4. District Collector, Chittorgarh (Raj.).
5. Chittorgarh Central Co-Operative Bank Ltd., Head Office, Chittorgarh, Through Its Managing Director (Raj.).
----Respondents
For Petitioner(s) : Mr. T.S. Champawat
Mr. Paramveer Singh
For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment / Order
06/01/2023
Learned counsel for the petitioner has submitted that Section 30 of the Rajasthan Co-operative Societies Act, 2001 was amended vide Amendment Act of 2015 and Section 30-C and Section 32 of the Rajasthan Co-operative Societies Act, 2001 were amended under the Amendment Act of 2016. The said amendments were challenged before the Division Bench of this Court in DB Civil Writ Petition No.13859/2016 (Bhanwar Lal Vs. (Downloaded on 06/01/2023 at 09:45:37 PM) (2 of 3) [CW-52/2023] State of Rajasthan & Ors) decided on 11.05.2017 and this Court has declared the amendment introduced to Section 30 of the Rajasthan Co-operative Societies Act, 2001 under the Amendment Act, 2015 as ultra vires to the provisions of Article 14 and Article 19(1)(c) readwith Article 43-B, 243ZJ, 243ZK, 243ZL of the Constitution of India. The Division Bench of this Court also declared the amendment to Sections 30-C and 32 of the Rajasthan Co-operative Societies Act, 2001 amended under the Amendment Act of 2016 as ultra vires to the provisions of Article 14 and Articles 19(1)(c) read with Article 43-B, 243ZJ, 243ZK, 243ZL of the Constitution of India. The Division Bench has also directed to restore Section 30 and Section 32 as they existed prior to the amendments introduced in the years 2015 and 2016.
It is submitted that in compliance of the judgment delivered by the Division Bench, the State Government has restored the earlier provisions of Section 30 and Section 32 of the Act of 2001 and pursuant to that, elections for the Co-operative Societies have also been conducted and the petitioner was elected as the Chairman of Central Co-operative Bank Ltd., Chittorgarh.
Learned counsel for the petitioner has also submitted that now in the light of the judgment passed by the Hon'ble Supreme Court in Civil Appeal Nos.9108-9109/2014 (Union of India Vs. Rajendra N Shah & Anr.) dated 20.07.2021, the State Government has again restored the amended provisions of Section 30, 30-C and 32 of the Rajasthan Co-operative Societies Act, 2001 vide Notification dated 02.12.2022.
Learned counsel has argued that the Division Bench of this Court has declared the provisions introduced to Section 30, 30-C, 32 of the Act of 2001 as ultra vires while holding them to be in (Downloaded on 06/01/2023 at 09:45:37 PM) (3 of 3) [CW-52/2023] direct conflict with the provisions of Article 14 and Article 19(1)(c) read with Article 43-B alongwith the Articles mentioned in the part IX-B of the Constitution of India, but now when the Hon'ble Supreme Court has declared that part IX-B of the Constitution of India is not applicable on the State Co-operative Societies, it is not open for the State Governments to reintroduce those amended provisions of Section 30, 30-C and 32 of the Act of 2001, which were also declared as ultra vires to Article 14 and 19 (1)(c) and Article 43-B of the Constitution of India.
Taking into consideration the above submissions made on behalf of the counsel for the petitioner, we deem it proper to issue notices to the respondents.
Issue notice to the respondents. Issue notice of the Stay application also, returnable within six weeks.
In the meantime, effect and operation of the Notification dated 02.12.2022 (Annex.11) and the consequential order dated 26.12.2022 issued by the Registrar, Co-operative Societies shall remain stayed.
(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J 10-nidhi/-
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